Physical Inspections. After Buyer has provided to Seller a certificate(s) of insurance evidencing commercial general liability insurance coverage for the activities of Buyer and Buyer's Representatives as required herein, Seller shall permit Buyer and Buyer's Representatives to enter upon the Property during reasonable business hours on Business Days prior to the Closing or any earlier termination of this Agreement to make and perform such non-invasive physical environmental evaluations, and other non-invasive physical inspections, investigations, tests and studies of the physical condition of the Property as Buyer may elect to make or obtain in Buyer’s sole and absolution discretion, and such other invasive physical inspections, investigations, tests and studies as may be consented to by Seller in its sole and absolute discretion subject to and in accordance with this Section 4.1.2. Buyer shall maintain, and shall ensure that Buyer's Representatives maintain, public liability insurance coverage insuring against any liability arising out of any entry, inspections, investigations, tests or studies of the Property pursuant to the provisions hereof. Such insurance coverage maintained by Buyer and Buyer's Representatives shall be in the amount of One Million Dollars ($1,000,000.00) per occurrence and Two Million Dollars ($2,000,000.00) aggregate for injury to or death of one or more persons in an occurrence and for damage to tangible property (including loss of use) in an occurrence. The insurance coverage maintained by Buyer shall (a) name Seller and Seller's property manager as additional insureds, and (b) contain a provision that "the insurance provided by Buyer hereunder shall be primary and non-contributing with any other insurance available to Seller." Notwithstanding anything to the contrary contained in this Agreement, Buyer shall not be permitted to undertake any invasive, intrusive or destructive investigation, testing or study of the Property, including a "Phase II" environmental assessment, without in each instance first obtaining Seller's written consent thereto, which consent Seller may give, withhold or condition in Seller's sole and absolute discretion, provided that Buyer may perform customary testing for Radon at the property. Prior to any entry onto the Property (and on each and every occasion), Buyer shall deliver to Seller prior written notice (which may be via email without requirement for secondary form of delivery), not less than twenty-four (24) hours prior...
Physical Inspections. Any existing report of an inspecting engineering firm as to the physical condition of each such Hotel Property reflecting a condition of such Hotel Property acceptable to the Agent and the independent satisfaction of the Agent with the physical condition of the Hotel Property pursuant to the on-site inspection of officers of the Agent, for which inspections such officers shall be permitted access to the Hotel Property during reasonable hours. All out of pocket expenses incurred by the Agent in connection with such inspections shall be payable on demand by the Borrower.
Physical Inspections. Promptly upon execution of this Contract, all physical inspections desired by the Buyer shall be ordered by Buyer at Buyer’s expense, all of which shall be performed by qualified inspectors or contractors selected by Buyer. Inspections may include but are not limited to the following: asbestos, heating, cooling, electrical plumbing, roof, walls, ceilings, floors, foundation, basement, crawl space, mold, water storm and waste sewer, and well/septic.
Physical Inspections. Each party will have the right, upon written notice, to visit the other party's premises and make reasonable periodic checks of the facilities and equipment which are the subject matter of this Agreement.
Physical Inspections. (a) Subject to the Due Diligence Deadline (as defined in Section 2.3 below), Purchaser and its representatives, consultants, and contractors shall at all times before the Closing have the privilege, opportunity, and right, with at least twenty-four (24) hours’ notice to Seller (which may be delivered in writing, by e-mail, or orally), to enter upon the Property, including, without limitation, any Improvements and Appurtenances located thereon or associated therewith, in order to inspect, review, investigate, examine, and inquire further about the Property and to perform any tests, examinations, surveys, and inspections on the Property (including, without limitation, any desirable geotechnical and environmental tests, studies, and examinations, soil tests, borings, percolation tests, and other tests in order to analyze surface, subsurface, and topographic conditions). Purchaser and it representatives, consultants, and contractors shall conduct such entry and any inspections in connection with the Property so as to minimize, to the extent reasonably possible, interference with the activities of Seller and IBEX Corp. (as an existing tenant), which in some circumstances may mean that Seller may require more than twenty-four (24) hours’ notice to Seller from Purchaser prior to the performance of said inspections given the sensitive and confidential nature of Seller’s business activities for its clients.
Physical Inspections. With respect to each Property, Buyer shall at Buyer’s expense (subject to Seller’s obligation pursuant to Section 2.5.1 above to pay Buyer’s Transaction Costs) have received and approved the physical condition of such Property including the improvements and the HVAC, electrical, plumbing and other systems, and shall have received, at Seller’s expense, written reports in form and substance satisfactory to Buyer from one or more qualified engineering firms approved by Buyer or any engineer employed by Buyer to the effect that the improvements on such Property have been constructed in compliance with, and currently are in compliance with all Governmental Requirements, including the Americans With Disabilities Act, and with all restrictions of record applicable thereto which affect the use of such Property for its Primary Intended Use and for all uses contemplated under the Lease.
Physical Inspections. After Buyer has provided to Seller a certificate(s) of insurance evidencing commercial general liability insurance coverage for the activities of Buyer and Buyer’s Representatives as required herein, Seller shall permit Buyer and Buyer’s Representatives to enter upon the Property during reasonable business hours on Business Days prior to the Closing or any earlier termination of this Agreement to make and perform such non-invasive physical environmental evaluations, and other non-invasive physical inspections, investigations, tests and studies of the physical condition of the Property as Buyer may elect to make or obtain in Buyer’s sole and absolution discretion, and such other invasive physical inspections, investigations, tests and studies as may be consented to by Seller in its sole and absolute discretion subject to and in accordance with this Section 4.1.
Physical Inspections. Licensee shall be granted access to the Property to perform studies, physical inspections, investigations and tests on the Property ( each a "Iw" and, collectively, the "I.em"); provided, however, that Licensee shall not perform or allow any Phase II environmental site assessment or other intrusiveor invasive testing of the Property ( collectively, a "Phase II") without providing Licensor five business (5) days' notice (the "Phase II Notice") and obtaining Licensor 's prior written consent, which may be withheld in Licensor 's discretion. The Phase II Notice shall include the following: (i) the proposed date and time of the Phase II; (ii) a detailed description of each of the proposed tests and intrusive acts to be performed as part of the Phase II; (iii) the proposed location of each site of such tests and intrusive acts; (iv) the work to be performedto repair and restore any damage to theProperty; and (v) the total amount of time required forthe Phase II and such repair and restoration work. Any Phase II shall be performedin accordance with the description provided in the applicable Phase II Notice, except, if Licensor determines in its discretion that the Phase II and related repair and restoration work described in the Phase II Notice will unreasonably affect the Property, Licensee shall comply with Licensor's reasonable requests to change the date, time, nature, location and/or duration of the Phase II and/or related repair and restoration work. Licensor shall have the right to have a representative of Licensor present for any inspections performed by Licensee pursuant to this Agreement. In the event that such Phase II is recommended and Licensor elects not to terminate this Agreement, Licensee shall cause the Phase II to be conducted at Licensor's sole cost and expense. Prior to issuing any Phase II Environmental reports, Licensee shall provide a clearly marked draftversion of such report. Licensor shall than be given five (5) business days to review and, if appropriate, comment on the draftreport. At Licensors absolute discretion, Licensor shall have the opportunity to cease all testing and related work and (a) no further work shall be conducted and, (b) no final report shall be issued. 4848-8168-0495.2 EXHIBIT "B" LEGAL DESCRIPTION OF PROPERTY AXON AT RIVERWALK May 10, 2018 SALT RIVER - PIMA - MARICOPA Job No. 2003-127 INDl1AN COMMUNffY Page 1, of 1 A PARCEL OF LAND LOCATED IN THE XXXXXXXXX XXXXXXX XX XXXXXXX 0, XXXXXXXX 0 XXXXX. R'ANGE 5 EAST OF T...
Physical Inspections. Buyer shall have received and approved the physical condition of the Property including the improvements and the HVAC, electrical, plumbing and other systems, and shall have received, at Seller's expense, written reports in form and substance reasonably satisfactory to Buyer from one or more qualified engineering firms reasonably approved by Buyer or any engineer employed by Buyer to the effect that the improvements on each Property have been constructed in compliance with, and currently are in compliance with, all Governmental Requirements, including the Americans With Disabilities Act, and with all restrictions of record applicable thereto which affect the use of such Property for its Primary Intended Use and for all other uses (if any) contemplated under the Lease.
Physical Inspections. From and after the Effective Date and through the earlier of Closing or the earlier termination of this Agreement in accordance with the terms hereof, Buyer and its representatives shall have the right to inspect the Property pursuant to the terms of the Access Agreement; provided, however, the termination provisions set forth in Section 12 of the Access Agreement shall be deemed deleted in their entirety, and the term set forth in this Section 7.1(a) shall apply. The provisions of this Section 7.1(a) shall survive the termination of this Agreement or the Closing without limitation.
